The accused was charged with driving with a blood alcohol concentration exceeding the legal limit following a failed roadside screening test.
The Crown sought to rely on breath test results obtained at a police station.
The trial judge found that the Crown failed to establish the statutory preconditions to the presumption of accuracy under the new Criminal Code provisions, specifically failing to prove that the alcohol standard used in the breath testing instrument was certified by an analyst.
Although the judge found the presumption of identity remained available for transitional cases and that the samples were taken as soon as practicable, the failure to establish the preconditions to the presumption of accuracy was dispositive.
The accused was acquitted.
